The Indian Easements Act, 1882

This Act may be called the Indian Easements Act, 1882. Local extent.--It extends1to the territories respectively administered by the Governor of Madrasin Council and the Chief Commissioners of the Central Provinces and Coorg; Commencement.--and it shall come into force on the first day of July, 1882. STATE AMENDMENT Karnataka Amendment of Central Act V of 1882.--In section 1 of the Indian Easements Act, 1882(Central Act V of 1882) for the entry under the heading "Local extent", the following entry shall besubstituted, namely: -- "It extends to the whole of the State of Karnataka". [Vide Karnataka Act 33 of 1978, s. 6].

Nothing herein contained shall be deemed to affect any law not hereby expresslyrepealed; or to derogate from-- (a) any right of the 1[Government] to regulate the collection, retention and distribution of thewater of rivers and streams flowing in natural channels, and of natural lakes and ponds, or of thewater flowing, collected, retained or distributed in or by any channel or other work constructed atthe public expense for irrigation; (b) any customary or other right (not being a license) in or over immovable property which the1[Government], the public or any person may possess irrespective of other immovable property; or (c) any right acquired, or arising out of a relation created, before this Act comes into force.

1[3. Construction of certain references to Act XV of 1877 and Act IX of 1871.--All referencesin any Act or Regulation to sections 26 and 27 of the Indian Limitation Act, 18772, or to sections 27and 28 of Act No. 9 of 18713, shall, in the territories to which this Act extends, be read as made tosections 15 and 16 of this Act.]

An easement is a right which the owner or occupier of certainland possesses, as such, for the beneficial enjoyment of that land, to do and continue to do something, or to prevent and continue to prevent something being done, in or upon, or in respect of,certain other land not his own. Dominant and servient heritages and owners.-- The land for the beneficial enjoyment of whichthe right exists is called the dominant heritage, and the owner or occupier thereof the dominant owner;the land on which the liability is imposed is called the servient heritage, and the owner or occupierthereof the servient owner. Explanation.-- In the first and second clauses of this section, the expression "land" includes alsothings permanently attached to the earth; the expression "beneficial enjoyment" includes also possibleconvenience, remote advantage, and even a mere amenity; and the expression "to do something"includes removal and appropriation by the dominant owner, for the beneficial enjoyment of thedominant heritage, of any part of the soil of the servient heritage or anything growing or subsistingthereon. Illustrations (a) A, as the owner of a certain house, has a right of way thither over his neighbour B's land for purposesconnected with the beneficial enjoyment of the house. This is an easement. (b) A, as the owner of a certain house, has the right to go on his neighbour B's land, and to take water for thepurposes of his household out of a spring therein. This is an easement. (c) A, as the owner of a certain house, has the right to conduct water from B's stream to supply the fountainsin the garden attached to the house. This is an easement. (d) A, as the owner of a certain house and farm, has the right to graze a certain number of his own cattle onB's field, or to take, for the purpose of being used in the house, by himself, his family, guests, lodgers andservants, water or fish out of C's tank, or timber out of D's wood, or to use, for the purpose of manuring hisland, the leaves which have fallen from the trees on E's land. These are easements. (e) A dedicates to the public the right to occupy the surface of certain land for the purpose of passing and repassing. This right is not an easement. (f) A is bound to cleanse a water course running through his land and keep it free from obstruction for thebenefit of B, a lower riparian owner. This is not an easement.

Easements areeither continuous or discontinuous, apparent or non-apparent. A continuous easement is one whose enjoyment is, or may be, continual without the act of man. A discontinuous easement is one that needs the act of man for its enjoyment. An apparent easement is one the existence of which is shown by some permanent sign which, uponcareful inspection by a competent person, would be visible to him. A non-apparent easement is one that has no such sign. Illustrations (a) A right annexed to B's house to receive light by the windows without obstruction by his neighbour A.This is a continuous easement. (b) A right of way annexed to A's house over B's land. This is a discontinuous easement. (c) Rights annexed to A's land to lead water thither across B's land by an aqueduct and to draw off waterthence by a drain. The drain would be discovered upon careful inspection by a person conversant with suchmatters. These are apparent easements. (d) A right annexed to A's house to prevent B from building on his own land. This is a non-apparenteasement.